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Home My WebLink AboutAGMT - Old Ranch Country Club LLC (Grant of Permanent Easement for Pedestrian Acces Traffic Signal Improvements and Maintenance Purposes)RECORDING REQUESTED BY Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO: Hugh Nguyen, Clerk -Recorder City of Seal Beach $ IIIRI11111111111[ 11111 1111 1111�11[ !11111111111111111$11*1 NO FEE 211 Eighth Street 202100053421412:08 pm 08125121 Seal Beach, California 90740 Attention: City Clerk's Office 65 414A E01 A04 7 0.00 0.00 0.00 0.00 18.00 0.00 0.000.000.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 130-012-55 and 130-012-58 JX] Portions v Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Seal Beach and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). f GRANT OF PERMANENT EASEMENT FOR PEDESTRIAN ACCESS, TRAFFIC SIGNAL IMPROVEMENTS, AND MAINTENANCE PURPOSES OLD RANCH COUNTRY CLUB, LLC, a California limited liability company ("Grantor") is the record fee owner of that certain real property located at 3901 Lampson Avenue, in the City of Seal Beach, California, and identified as Orange County Tax Assessor's Parcel Numbers 130-012-55 and 130-012-58 ("Property"). Grantor seeks to grant to the CITY OF SEAL BEACH, a municipal corporation, for public use a permanent non-exclusive easement in, over, and under that certain property described more particularly below for pedestrian access, traffic signal improvements, and maintenance purposes, and all uses necessary thereto, subject to the terms and conditions set forth below ("Subject Easement"). NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants to the CITY OF SEAL BEACH, a municipal corporation ("Grantee" or "City") that certain approximately 3,248 square foot Subject Easement described more particularly on EXHIBIT A and depicted on EXHIBIT B hereto, which are attached hereto and incorporated herein by this reference, for pedestrian access, traffic signal improvements, and maintenance purposes, and all uses necessary thereto, subject to the terms and conditions set forth below. The Subject Easement is non-exclusive. The Subject Easement is currently improved with certain traffic signal improvements previously constructed by the City at the intersection of Lampson Avenue and Basswood Street. Pursuant to the Subject Easement, Grantor agrees and acknowledges that said traffic signal improvements are authorized in the Subject Easement area, and that the City is authorized to access said area to reconstruct, operate, maintain, repair, alter, and remove, if necessary, any of the subject traffic signal improvements, provided the following conditions are at all times satisfied: (a) no use of the Subject Easement by the City, its agents, or pedestrians shall unreasonably interfere with Grantor's use of its Property and (b) except for City's use of the Subject Easement for emergency maintenance or repairs, any use of the Subject Easement for construction, repair, and maintenance shall be done with twenty-four hours advance notice to the Grantor at the following address: Old Ranch Country Club, LLC, 3901 Lampson Avenue, Seal Beach, California 90740, Attention: Frank A. Herrera, General Manager. City is a public entity, and a member of good standing of the California Joint Powers Insurance Authority (" UPIK), which provides to City and its other members a legally adequate self-insurance and pooled commercial insurance program that is adequate to protect City's obligations pursuant to this Grant of Permanent Easement for Pedestrian Access, Traffic Signal Improvements, and Maintenance Purposes. Prior to the recording said Grant of Permanent Easement, City shall provide evidence of such membership and coverage to Grantor, and shall cause Grantor and the Operator of the Property, Club Corp USA, Inc., to be named as additionally insured under the CJPIA program. If City terminates its membership status in CJPIA, City shall procure and carry commercial general liability insurance with a minimum single limit of liability (per occurrence and aggregate) of not less than $2,000,000 naming Grantor and the Operator of the Property, Club Corp USA, Inc., and the City shall provide certificates of insurance to Owner evidencing same. If at any time the foregoing conditions and the insurance provisions are not satisfied, the Grantor shall have the right to revoke the Subject Easement. The City hereby agrees to indemnify, defend, and hold Owner and Operator, each of their successors and assigns, and their respective officers, directors, employees, members, guests, clients and agents harmless from and against all claims, demands, proceedings, losses, actions, damages, suits, liabilities and expenses (including reasonable attorneys' fees), to the extent arising out of the City's use of the Subject Easement. The City's obligations set forth herein shall survive the termination of the Subject Easement or the termination of this Grant of Permanent Easement for Pedestrian Access, Traffic Signal Improvements, and Maintenance Purposes. The City's execution of the Certificate of Acceptance constitutes acceptance of these conditions and obligations. All of the terms of this Grant of Permanent Easement for Pedestrian Access, Traffic Signal Improvements, and Maintenance Purposes shall bind, encumber, and run with the Subject Easement area, and shall bind all successors -in -interest to said Subject Easement area. [SIGNATURE PAGE FOLLOWS] 2 IN WITNESS WHEREOF, Grantor has executed this Grant of Permanent Easement for Pedestrian Access, Traffic Signal Improvements, and Maintenance Purposes as of the date set forth below. GRANTOR OLD RANCH COUNTRY CLUB, LLC, a California limited liability company Dated: JG 1 q IT Name: Ir' Wk SGbM404 Title: A16ILativi r LlAJV) 3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On I �2 , before me, �� •�°Gt L).e `e , (insert name and tide of the officer) Notary Public, personally appeared/ , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JESSICA DEMENT WITNESS my hand and official seal.Notarypubtk•CaltrorMa Los Anjoles County CamMtssion # 2323462 *,my Signature Comm. EVIres Apr 2,r24 SHEET 1 OF 1 LEGAL DESCRIPTION PEDESTRIAN ACCESS AND TRAFFIC SIGNAL MAINTENANCE EASEMENT THAT PORTION OF SECTIONS 31 AND 32, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS ALAMITOS, CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 2 ATTACHED TO THE FINAL DECREE OF PARTITION OF SAID RANCHO, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY SIDELINE OF THE EASEMENT FOR ROAD, PUBLIC UTILITIES AND INCIDENTAL PURPOSES, GRANTED TO THE CITY OF SEAL BEACH RECORDED APRIL 7, 1965, IN BOOK 7475, PAGE 46 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING DISTANT SOUTH 38°56'39" WEST 545.07 FEET AND NORTH 51003'21" WEST 40.00 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "SOUTH 38°56'39" WEST 893.13 FEET" IN SAID GRANT; THENCE LEAVING SAID SIDELINE NORTH 5100321" WEST 3.00 FEET; THENCE SOUTH 38°56'39" WEST 31.20 FEET; THENCE SOUTH 84°15'24" WEST 38.68 FEET; THENCE SOUTH 38°56'39" WEST 71.00 FEET; THENCE SOUTH 1 °53'41" EAST 42.05 FEET; THENCE SOUTH 51 °0321" EAST 3.00 FEET TO A POINT ON SAID SIDELINE; THENCE ALONG SAID SIDELINE NORTH 38°56'39" EAST 161.21 FEET TO THE POINT OF BEGINNING. Containing: 3,248 Sq. Ft., more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. �vv�e DATED THIS A DAY OF , 2021.rct(k), K- MICKELSON Brian K. Mickelson, L.S. 7320 EXHIBIT B SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PEDESTRIAN ACCESS AND TRAFFIC SIGNAL MAINTENANCE EASEMENT 31,%N032 o s & �� Ou-THg apo LOS p�a4p0 app 4 � SANG �0 IT ��g ps -THF, M'IAL 1 " = 200' C6 c Q �5 �%K PARCEL 2 O.R. 2002001142030 /^' POINT OF / 00 BEGINNING SEE N51'03'21 "W DETAIL 40.00' BELOW 94.06' Q o° goo �O hm 53.15' NORTHEASTERLY TERMINUS OF 80, THAT CERTAIN COURSE DESCRIBED AS "SOUTH 38056'39" WEST 893.13 FEET" IN GRANT TO THE CITY OF SEAL BEACH RECORDED APRIL 7, 1965, IN BOOK 7475, PAGE 46 OF OFFICIAL RECORDS. LEGEND ®- INDICATES EASEMENT FOR PEDESTRIAN ACCESS AND TRAFFIC SIGNAL MAINTENANCE PURPOSES DEDICATED TO THE CITY OF SEAL BEACH HEREON. �O 06 O1 - INDICATES EXISTING EASEMENT FOR PUBLIC ROADWAY PURPOSES GRANTED TO THE CITY OF SEAL BEACH PER O.R. 7475/46 PARCEL 2 O.R. / f 2002001142030 O 41 N51'03'21 "W/ 1 3.00' ```V ��. S38'56'39"W vo' 31.20' SAO J ,R a P S84'15'24"w Vol 1" = 50' 38.68 1 .� 0 o Q� � �V / O POINT OF in N �" / / BEGINNING o •h`O �� / 4p S51'03'21 "E 3.00' City of Seal Beach 211 Eighth Street Seal Beach, California 90740 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Government Code § 2728 1) (Grant of Permanent Easement on APNs 130-012-55 and 130-012-58) This is to certify that the grant to the City of Seal Beach of that certain approximate 3,248 square foot permanent easement for pedestrian access, traffic signal improvements, and maintenance purposes, and all uses necessary thereto with the conditions set forth therein ("Subject Easement") on the real property located at 3901 Lampson Avenue, Seal Beach, in the City of Seal Beach, California, and identified as Orange County Tax Assessor's Parcel Numbers 130-012-55 and 130- 012-58 described more particularly in EXHIBIT A and depicted on EXHIBIT B to the attached Grant of Permanent Easement is hereby accepted under the authority of the City Council of the City of Seal Beach, and the City of Seal Beach hereby consents to the recordation thereof by its duly authorized officer. City of Seal Beach, a municipal corporation Dated: S 1 9 1 a By: AM LM R11 � .I l#A PfM- -- -_a Approved as to form: By: Craig Steele, City Attorney